On The Judge The Power To Control

The 21st century's China is occupying in the fierce social change process, along with the economical quickly development, the social structure also changing. Therefore, the way of original govern no longer suitable, must be change. Nearly 30 year reform makes the Chinese economy system start to disintegrate, the system of units management pattern also expiration, simultaneously the people in the economy are more and more independent, also takes seriously regarding own right's day by day. Many kinds of factors make the People's court on the stage, shouldered the important social role which the dispute solved. Two summary of five year judicial reform causes China's Judicial start to adapt own social role, has achieved many significant achievements, but, the existence question is still serious, the judicial authority did not have to establish completely. And, not only judge the authority control system's reform slow even spoke, some measure make opposite function from some kind of angle. But whether does this system's reform direct relation judicature referee have the male letter strength, whether does the People's court judicature authority establish finally, thus solve the dispute. This article attempt with the right to the authority control system replaces the existing authority to the authority control system, through establishes the people to participate in the judicial referee's system enabling obtain the approve of the society, then avoids violates other state power to the judicial authority, finally establish own national legal system.What present stage China's authority control system uses is the authority to the authority way. The court structure interior administrative business management and the judicial activities in the system space operate in an intercross, result two set of system's logic confuse, the dislocation, has had the inversion, caused the authority control to be full of the administrative color, then has hindered its judicial referee subjective initiative display, destruction judicature's fair and authoritative. In addition, People's court with other State agency relations is also very complex, all levels of National People's Congress, the People's Procurator ate the authority exercises to judge also has many restrictions, these restriction system has many problems similarly, has not realized the goal which its initial design.The authority has its profound social background to the authority control system in our country, cannot simple understand by the historic tradition. Ancient agriculture civilization to the water conservation, the resistance foreign enemy invasion has the high request; therefore, the centralization system is the inevitable choice. Meanwhile, under this kind of general trend, the social structure also had the big change; the administrative intense bureaucrat system has replaced the original common people society. The legal system cannot get rid of the influence of historical tendency. But, the Chinese society is occurring the profound transformation, causes the authority to the authority control model already not to meet society's requirement. The judicial trial is one item has the technicality characteristic activity, has its own idea and the technology. On the other hand, has the property populace, own right meaning strengthens day by day, is also getting higher and higher to the judicial referee's request. But since the authority to the authority control model has many ways carry on the violation to the judicial authority, also has limited the populace to the judicial activity participation. More important It also has hindered the legal system spontaneous order formation, causes legal system own evolution to receive the serious hindrance, can only attempt through the top-down judicial reform to get rid of present's difficult position, but the practice proved the effect is not ideal.The right to authority control system is the reform way which we may attempt. Not only it may the effective limit other state power to the judicial referee's invasion, moreover the law spontaneous order can establish, thus has provided the essential condition for legal system's self-evolution. Certainly has many worries, for example: Democratic tyranny, present national condition, populace quality whether to achieve realizes right control system's request and so on. But these not refuse to attempt this system's reason, these questions or may avoid through the procedure establishment, or itself whether to establish is worth discussing.The legal system is very complex, grasps comprehensively with difficulty, simultaneously, the current society reforming in special historical period, with various local economy, the cultural difference are big, the judicial regional characteristic performance is prominent, also many correct understanding do not have the universality, the success experience are not easy to duplicate. The legal system reform solely through the artificial design, very easy to neglect some important attributes, causes a reform measure in this place to be feasible, but to other places not necessarily suitable, the compulsion carrying out very inaccessibility satisfaction's effect, do not need saying that is the success. Therefore, through the right to authority control system impetus judicature self-evolution is one kind of very feasible attempt.The authority control system is related with many factors, very complicated. The author attempts through to analyze our country present authority control system's concrete operation, and unifies the reason which it forms, proved that had already hindered our country judicial reform along with social change, needs to carry on another kind of attempt, moreover this kind of attempt has certain social basis, has certainly feasible. This attempt's process will be very definitely difficult, will have the possibility by the practice to prove that will be wrong. But we must go to do, was defeated had proven this road was wrong at least, might rule out one kind of possibility, we might attempt another road again, believed that had successful one finally. After all poor, then changes, the abnormality passes, only insists the judicial reform, finally we will realize the judicature to be fair and authoritative.